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Dr Monika Kapusta
ORCID: 0000-0002-7632-244X

Dr Monika Kapusta, a graduate of Administration and Law at the Faculty of Law and Administration of the University of Lodz. She defended her doctoral dissertation at the Department of Administrative Law and Administration Science. For years, she has been cooperating with legal advisers from the Lodz region. From 2015, a member of the Council of Experts at the Business Council Foundation. From 2016, a member of the Self-Government Board of Appeal in Łodz. From 2018, assistant professor at the Department of Administrative Law and Administration Science, University of Lodz.

 
DOI: 10.33226/0032-6186.2022.9.7
JEL: K23, K32

The aim of the article is to explain how to understand a unduly received benefit within the meaning of the provisions of the Act of 12 march 2004 on Social Assistance, especially because the legislator also defined very similar phrases in other legal acts and in each of them is understood differently. In the author's opinion, since the legislator introduced different legal definitions of the same or similar phrases, administrative authorities should take these differences into account in the practice of applying the law. Moreover, this issue must be noticed in the jurisprudence of administrative courts. The article is an attempt to answer the question whether the use of analogies and auxiliary use of other definitions in matters relating to the unduly received benefit is permissible.

Keywords: cash benefits; social assistance; legal definition; return of benefit